Tanenbaum v. . Federal Match Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1906, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1906, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contention is untenable that the defendant was justified in'repudiating the contract, because a dispute had arisen between the parties as to the amount which the plaintiff was entitled to charge. (Graves v. White, 87 N. Y. 466 ; Dubois v. D. &…
1Opinion of the CourtHiscock, J.
Appellant brought this action for the purpose of recovering upwards of $4,500 as stipulated damages for the alleged breach by respondent of a written contract' whereby, for the period of ten years, the appellant as an insurance broker agreed to furnish and the respondent agreed to accept such insurance as might be needed and not less than $50,000 per year upon the latter’s factory and property at the price or premium of four dollars per hundred.
At the close of the evidence each party asked for the direction of a verdict and the trial court granted the motion of the respondent, placing its…
2Cases cited2 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
3Cited by3 opinions
- Stauss v. Title Guarantee & Trust Co.New York Court of Appeals · 1940
- General Valuations Co. v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1938
- Davis v. LeveringAppellate Division of the Supreme Court of the State of New York · 1915